Final Rfp Tems

8/2/2019 Final Rfp Tems

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R E Q U E S T F O R P R O P O S A L S

MILLENNIUM CHALLENGE ACCOUNT - PHILIPPINES

On Behalf of

THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES

Funded byTHE UNITED STATES OF AMERICA

ThroughTHE MILLENNIUM CHALLENGE CORPORATION

RFP No: 210100Selection Procedure: Quality and Cost Based Selection (QCBS)

Development of Thematic Environmental ManagementSystem (TEMS) for Kalahi-CIDSS Projects

Date Issued: March 31st, 2011


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______________________________________________________________

Contents

LETTER OF INVITATION FOR PROPOSALS i

Section 1 INSTRUCTIONS TO CONSULTANTS 1

Section 2 PROPOSAL DATA SHEET 22

Section 3 QUALIFICATION AND EVALUATION CRITERIA 28

Section 4A TECHNICAL PROPOSALS FORMS 33

Section 4B FINANCIAL PROPOSALS FORMS 61

Section 5 CONTRACT FORMS 70

Section 6 TERMS OF REFERENCE 122


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______________________________________________________________

Note toConsultants:

The RFP contains explanatory text and notes that provide instructions toConsultants on how the Proposals Forms should be prepared. They arepresented with square brackets, italicized, and the key parameters in bold

letters.For example: Our attached Financial Proposal is for the lump sum of[insert:amount(s) in words and figures].

All such explanatory text and notes MUST BE REMOVED from the Proposaland replaced with the key parameter as defined by the Consultant.

The RFP also contains explanatory text and footnotes that provideinstructions to Consultants on how the Proposals should be prepared. Theyare presented with square brackets in a typeface such as used in this line(Times New Roman).

For example: [The Consultant shall fill in this Form in accordance withthe instructions indicated. No alterations to its format shallbe permitted and no substitutions shall be accepted.]

All such explanatory text and footnotes MUST BE REMOVED from theProposal to be submitted by the Consultant.


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________________________________________________________________Letter of Invitation i

1. LETTER OF INVITATION FOR PROPOSALS

Title: Development of Thematic Environmental Management System (TEMS)for Kalahi-CIDSS Projects

RFP No: 210100

1. The Millennium Challenge Corporation (MCC) and the Government of the Republicof the Philippines (the Government or GRP) have entered into a MillenniumChallenge Compact for Millennium Challenge Account assistance to help facilitatepoverty reduction through economic growth in the Republic of the Philippines (theCompact) in the amount of approximately 434 million US dollars (MCC Funding).The Government, acting through the Millennium Challenge Account Philippines, apublic institution established under the laws of the Republic of the Philippines as theAccountable Entity for the Compact (MCA Entity), intends to apply a portion of the

MCC Funding to eligible payments under a contract for which the Request for Proposalsis issued. Any payments made under the proposed contract will be subject, in all respects,to the terms and conditions of the Compact and related documents, including restrictionson the use of MCC funding and conditions to the disbursements of MCC funding. Noparty other than the Government and the MCA Entity shall derive any rights from theCompact or have any claim to the proceeds of MCC Funding.

2. The goal of a Compact would be to reduce poverty through economic growth. Theobjective of the Program is to increase the outcomes of Filipinos through the benefits ofcommunity-driven sub-projects, obtain time savings and lower transportation costs forroad users in Program areas and increase investment and government expenditure due to

an increase in tax revenue and a reduction in corruption. The Compact contains thefollowing components:

Kalahi-CIDSS Project. The project objective are to improve the responsiveness oflocal governments to community needs, encourage communities to engage indevelopment activities and deliver benefits to barangay residents through individualsub-projects.

Secondary National Roads Development Project. The project objectives are to savetime, lower vehicle operating costs for those Filipinos living near the roads, improveprofitability and marketability of goods carried on the roads, improve access to socialservices among communities serviced by the roads, and improve road safety.

Revenue Administration Reform Project. The project will increase tax revenues overtime and support the Department of Finances initiatives to detect and detercorruption within its revenue agencies.

3. This Invitation for Proposals follows the General Procurement Notice that appeared indgMarkets and UNDB Online in February 2011 and was posted on the MCA-P web sitewww.mcap.ph in January 2011.


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________________________________________________________________Letter of Invitation ii

4. The MCA Entity now invites firms to submit proposals to provide the consultantservices referenced above (Proposals). More details on these consultant services areprovided in the Terms of Reference.

5. Consultants may associate with other consultants, subject to the restrictions noted in theRFP, in the form of a joint venture or in a sub-consultancy agreement acceptable to theMCA Entity, to complement their respective areas of expertise to enhance their capacityto successfully carry out the assignment.

6. The consultant services will cover a twelve (12) month period.

7. A Consultant will be selected under the QCBS method, the evaluation procedure forwhich is described in sections of the RFP in accordance with MCC ProgramProcurement Guidelines dated as of October 23rd, 2009 and amended on September 27th,2010, which are provided on the MCC websitehttp://www.mcc.gov/pages/business/guidelines.

8. The RFP Document includes the following Sections:

Section 1 Instructions to Consultants

This section provides information to help potential Consultants preparetheir Proposals; it also provides information on the submission, opening,and evaluation of Proposals and on the award of the proposed contract.

Section 2 Proposal Data Sheet

This section includes provisions that are specific to this procurement andthat supplement Section 1, Instructions to Consultants.

Section 3 Qualification and Evaluation Criteria

This section specifies the qualifications required of the Consultant and thecriteria to be used to evaluate the Proposal.

Section 4A Technical Proposal Forms

This section provides the Technical Proposal Forms which are to becompleted by a potential Consultant and submitted in a separate envelopeas part of a potential Consultants total Proposal.

Section 4B Financial Proposal Forms

This section provides the Financial Proposal Forms which are to becompleted by a potential Consultant and submitted in a separate envelopeas part of a potential Consultants total Proposal.

Section 5 Contract Forms

I Contract AgreementII General Conditions of ContractIII Special Conditions of Contract


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________________________________________________________________Letter of Invitation iii

IV Appendices

Section 6 Terms of Reference

This section includes the detailed Terms of Reference for this procurement

that describe the nature, tasks and duties of the consultant services to beprocured.

9. All Consultants interested in the complete RFP document may obtain such documentfrom the following link: www.mcap.ph. Any subsequent amendment(s) if any andclarifications shall appear at the same website before mentioned. If there are anydifficulties in downloading the RFP or related documents, please send an email directlyto the following address: [email protected]. Otherwise,Consultants may also obtain the RFP by sending an e-mail, giving full contact details ofthe Consultant, to:

Millennium Challenge Account Philippines

Attention: Rommel S. HerreraOIC, Bilateral Assistance Divisionc/o: Procurement AgentAttention: Mr. Manmohan RupraiProcurement Agent Manager7/F EDPC Building, Department of FinanceBSP Complex, Roxas Boulevard, ManilaPhilippines 1004Email: [email protected] or [email protected]: Rommel S. Herrera: [email protected] and [email protected]

10. A pre-Proposal meeting will be held in the address detailed below at 14:00 hoursManila time om April 14th, 2011. Attendance is strongly advised for all prospectiveConsultants or their representatives but is not mandatory. The address of the PreProposal Meeting is:

5th Floor, IFG Conference,DOF Building, BSP Complex,

Roxas Blvd,Manila, Philippines

11. The MCA Entity will not be responsible for any costs or expenses incurred by

Consultants in connection with the preparation or delivery of Proposals.

12. The deadline for receipt of Proposals is on May 31st, 2011 at 1300 hours local time inManila, Philippines. Proposals received after this time and date shall not be consideredand will be returned unopened. Consultants should be aware that distance and customsformalities may require longer than expected delivery time. The address for the receiptof Proposals is:


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e During business hours untiladdress given below, a time2011 [one day before deadline]: at the

stamped receipt shall be provided as aMay 30th,and dateproof of delivery. Please instruct your representative to get this receipt.

Millennium Challenge Account - PhilippinesAttention: Rommel S. HerreraOIC, Bilateral Assistance Divisionc/o: Procurement AgentAttention: Mr. Manmohan RupraiProcurement Agent Manager7iF EDPC Building, Department of FinanceBSP Complex, Roxas Boulevard, ManilaPhilippines 1004Tel: +632 496 3420 or +63 915 756 2403o During the day of deadline of submission (May 31"t,2011 non later than1300 hours local time in Manila, Philippines), proposals must be submitted

at..

5th Floor, lFG, DOF Building, BSP Complex, Roxas Blvd, Manila,PhilippinesProposals delivered after the deadline to receive proposals shall not be accepted underany circumstance. Consultants should be aware that there could be some difference inthe clocks/watches and therefore should plan to arrive with sufficient time at hand ifplanning to deliver their proposal just before the deadline.

. The technical proposals opening shall start precisely at 14:00 Hours Manila time onMay 31"0 2011 at the address detailed below:5'n Floor, IFG Conference,DOF Building, BSP Complex,

Roxas Blvd,Manila, PhilippinesYours sincerely,For MCA-Philippines:

International Finance GroupDepartment of Finance

Rosalia V. De Leon

Letter oflnvitation


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________________________________________________________________Section 1. Instructions to Consultants 1

Section 1 INSTRUCTIONS TO CONSULTANTS

Definitions 2

1. Introduction 4

Conflict of Interest 5

Fraud and Corruption 7

Eligibility 8Commissions and Gratuities 9

Origin of Goods and Consulting Services10

Only one Proposal 10

Proposal Validity 10

2. Clarification and Amendment of RFP Document 11

3. Preparation of Proposals 11

Technical Proposal Format and Content 12

Financial Proposal 14

Taxes 14

Currencies 14

4. Submission, Receipt, and Opening of Proposals 15

5. Proposal Evaluation 16

Evaluation of Technical Proposals 17Financial Proposals (only for QBS) 17

Financial Proposals (only for QCBS, FBS, LCS) 17

6. Negotiations 19

Technical Negotiations 19

Financial Negotiations 19

Availability of Professional Staff/Experts 19

Conclusion of the Negotiations 20

7. Award of Contract 20

8. Confidentiality 209. Bid Challenge System 21

10. Compact Conditionalities 21


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Definitions (a) associate means any entity or person with whom theConsultant associates in order to provide any part of theServices.

(b) Compact means the Millennium Challenge Compactbetween the United States of America, acting through theMillennium Challenge Corporation, and the Government ofthe Republic of the Philippines, entered into on 23September 2010, as may be amended from time to time.

(c) confirmation means confirmation in writing.

(d) Consultant means any entity or person that may provide orprovides the Services to the MCA Entity under the Contract.

(e) Contract means the contract proposed to be entered intobetween the MCA Entity and the Consultant, including all

attachments, appendices, and all documents incorporated byreference therein, a form of which is included in Section 5 ofthis RFP.

(f) day means a calendar day.

(g) FBS means Fixed Budget Selection method.

(h) "Financial Proposal" has the meaning given the term inSub-Clause ITC 3.6.

(i) Fraud and Corruption means any of those actions definedin GCC (including the phrases coercive practice,collusive practice, corrupt practice, fraudulent

practice, obstructive practice, and prohibited practice asdefined in Sub-Clause GCC 1.1), according to which actionmay be taken against the Consultant, Personnel or MCAEntity personnel.

(j) GCC mean the General Conditions of Contract.

(k) Government means the Government of the Philippines.

(l) Instructions to Consultants or ITC means Section 1 ofthis RFP, including any amendments, which providesConsultants with all information needed to prepare theirProposals.

(m) in writing means communicated in written form (e.g., bymail, e-mail, or facsimile) delivered with proof of receipt.

(n) "Key Professional Personnel" means the key professionalpersonnel nominated pursuant to Sub-Clause ITC 3.4(d).

(o) LCS means Least Cost Selection method.


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(p) MCA Entity means Millennium Challenge Account -Philippines, the party with which the selected Consultantsigns the Contract for the provision of the Services.

(q) MCC means the Millennium Challenge Corporation, aUnited States Government corporation, acting on behalf ofthe United States Government.

(r) PDS means the Proposal Data Sheet, in Section 2 of thisRFP, used to reflect specific country and assignmentconditions.

(s) Personnel means professionals and support staff providedby the Consultant, or by any Sub-Consultants, or associatesthat are assigned to perform the Services or any part thereof.

(t) "Pre-Proposal Meeting" means the pre-proposal meeting

specified in the PDS for Sub-Clause ITC 1.4, if any.(u) Proposal means the Technical Proposal and the Financial

Proposal for the provision of the Services submitted by aConsultant in response to this RFP.

(v) QBS means Quality-Based Selection method.

(w) QCBS means Quality and Cost-Based Selection method.

(x) RFP means this Request for Proposals, including anyamendments that may be made, prepared by the MCA Entityfor the selection of the Consultant.

(y) SCC means the Special Conditions of Contract.(z) Services means the tasks to be performed by the

Consultant pursuant to the Contract.

(aa) Sub-Consultant means any person or entity with whom theConsultant subcontracts any part of the Services.

(bb) Taxes has the meaning given the term in the Compact.

(cc) TEP means the Technical Evaluation Panel, selected forthe purpose of evaluating the Proposals received, thatsubmits a report with recommendation for award of theContract for which this RFP is being issued.

(dd) "Technical Proposal" has the meaning given the term inSub-Clause ITC 3.4.

(ee) Terms of Reference or TOR means the documentincluded in this RFP as Section 6 which explains theobjectives, scope of work, activities, tasks to be performed,respective responsibilities of the MCA Entity and theConsultant, and expected results and deliverables of the


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assignment.

1. Introduction 1.1 The MCA Entity named in the PDS will select a Consultantin accordance with the selection method specified in the PDS

1.2 Throughout this RFP except where the context requiresotherwise, words indicating the singular also include theplural and words indicating the plural also include thesingular; and the feminine means the masculine and viceversa.

1.3 Consultants are invited to submit a Technical Proposal and aFinancial Proposal for consulting services required for thisassignment as specified in the PDS. The Proposal will bethe basis for contract negotiations and ultimately for a signedContract with the selected Consultant.

1.4 Consultants should familiarize themselves with localconditions and take them into account in preparing theirProposals. To obtain first-hand information on theassignment and local conditions, Consultants are encouragedto visit the MCA Entity before submitting a Proposal and toattend a Pre-Proposal Meeting if one is specified in the PDS.Attending any Pre-Proposal Meeting is strongly advised, butnot mandatory. Attending any Pre-Proposal Meeting and/or asite visit shall not be taken into account for the purpose ofevaluation of Proposals.

1.5 The MCA Entity will timely provide, at no cost to theConsultant, the inputs and facilities specified in the PDS,assist the firm in obtaining licenses and permits needed tocarry out the Services, and make available relevant projectdata and reports. No other inputs will be provided. Therefore,a Consultant shall plan to cover all incurred expenses thatmay be foreseen to initiate and sustain the Services in atimely manner, including but not limited to office space,communication, insurance, office equipment, travel, etc. nototherwise specified in the PDS.

1.6 Consultants shall bear all costs associated with preparationand submission of their Proposals and contract negotiation.

1.7 The MCA Entity is not bound to accept any Proposal, andreserves the right to annul the selection process at any timeprior to Contract award, without thereby incurring any


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liability to any Consultant.

(a) Conflict ofInterest

1.8 The MCA Entity requires that Consultants provideprofessional, objective, and impartial advice and at all times

hold the MCA Entitys interests paramount, strictly avoidconflicts with other assignments or their own corporateinterests, and act without any consideration for future work.

1.8.1 Without limitation on the generality of the foregoing,Consultants, and any of their affiliates, shall be consideredto have a conflict of interest and shall not be selected, underany of the circumstances set forth below:

ConflictingActivities

(a) A Consultant that has been engaged by the MCAEntity to provide goods, works or services other thanconsulting services for a project, and any of its

affiliates, shall be disqualified from providingconsulting services related to those goods, works orservices. Conversely, a Consultant hired to provideconsulting services for the preparation orimplementation of a project, and any of its affiliates,shall be disqualified from subsequently providinggoods, works or services other than consultingservices resulting from or directly related to suchconsulting services for such preparation orimplementation. For the purpose of this paragraph,services other than consulting services are defined as

those leading to a measurable physical output, forexample surveys, exploratory drilling, aerialphotography, and satellite imagery.

ConflictingAssignments

(b) A Consultant (including its associates, if any, itsPersonnel and Sub-Consultants and any of itsaffiliates) shall not be hired for any assignment that,by its nature, may be in conflict with anotherassignment of the Consultant to be executed for theMCA Entity or for another client. For example, aConsultant hired to prepare engineering design for aninfrastructure project shall not be engaged to prepare

an independent environmental assessment for thesame project, and a Consultant assisting a client in theprivatization of public assets shall not purchase, noradvise purchasers of, such assets. Similarly, aConsultant hired to prepare terms of reference for anassignment should not be hired for the assignment inquestion.


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ConflictingRelationships

(c) A Consultant (including its associates, if any, itsPersonnel and Sub-Consultants and any of itsaffiliates) that have a business or family relationshipwith a member of the MCA Entitys board of

directors or the MCA Entity staff, or with theProcurement Agent or Fiscal Agent (as defined in theCompact or related agreements) hired by the MCAEntity who is directly or indirectly involved in anypart of (i) the preparation of the Terms of Referenceof the assignment, (ii) the selection process for suchassignment, or (iii) supervision of the Contract, maynot be awarded the Contract, unless the conflictstemming from this relationship has been resolved ina manner acceptable to MCC throughout the selectionprocess and the execution of the Contract.

1.8.2 Consultants have an obligation to disclose any situation ofactual or potential conflict that impacts their capacity toserve the best interest of the MCA Entity, or that mayreasonably be perceived as having this effect. Failure todisclose said situations may lead to the disqualification ofthe Consultant or the termination of the Contract.

1.8.3 No member of the MCA Entitys board of directors orcurrent employees of the MCA Entity shall work as, or onbehalf of, any Consultant.

1.8.4 No current employees of the Government shall work asConsultants or as Personnel under their own ministries,departments or agencies.

1.8.5 Recruiting former MCA Entity or Government employeesto work for their former ministries, departments or agenciesis acceptable provided no conflict of interest exists.

1.8.6 If a Consultant nominates any Government employee asPersonnel in their Technical Proposal, such Personnel musthave written certification from the Government confirming

that they are on leave without pay from their officialposition and allowed to work full-time outside of theirprevious official position. Such certification shall beprovided to the MCA Entity by the Consultant as part of itsTechnical Proposal.

1.8.7 In the case where a Consultant seeks to engage the servicesof any person falling under Sub-Clauses ITC 1.8.3 1.8.6,


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who may have left the MCA Entity within a period of lessthan twelve (12) months of the date of this RFP, it mustobtain a no-objection from the MCA Entity for theinclusion of such a person, prior to the Consultants

submission of its Proposal.

UnfairAdvantage

1.8.8 If a Consultant could derive a competitive advantage fromhaving provided consulting services related to theassignment in question, the MCA Entity shall makeavailable to all Consultants, together with this RFP, allinformation that would in that respect give such Consultantany competitive advantage over competing Consultants.

1.9 MCC requires that all beneficiaries of MCC Funding,including the MCA Entity and any bidders, suppliers,

contractors, subcontractors and consultants under anyMCC-funded contracts observe the highest standards ofethics during the procurement and execution of suchcontracts. In pursuance of this policy, the MCA Entity:

(b) Fraud andCorruption

(a) will reject a Proposal if it determines that theConsultant recommended for award has, directly orthrough an agent, engaged in Fraud and Corruption incompeting for the Contract;

(b) has the right to sanction a Consultant, includingdeclaring the Consultant ineligible, either indefinitelyor for a stated period of time, to be awarded anMCC-funded contract if at any time it determines thatthe Consultant has, directly or through an agent,engaged in Fraud and Corruption in competing for, orin executing such a contract; and

(c) has the right to require that a provision be included inthe Contract requiring the selected Consultant to permitthe MCA Entity, MCC, or any designee of MCC, toinspect its accounts, records and other documentsrelating to the submission of a Proposal or performanceof the Contract, and to have such accounts and records

audited by auditors appointed by MCC or by the MCAEntity with the approval of MCC.

In addition, MCC has the right to cancel the portion of MCCFunding allocated to the Contract if it determines at any timethat representatives of a beneficiary of the MCC Fundingengaged in Fraud and Corruption during the selectionprocess or the execution of the Contract, without the MCAEntity or the beneficiary having taken timely and appropriate


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action satisfactory to MCC to remedy the situation.

MCC may also invoke, on its own behalf, any of the rightsidentified for the MCA Entity in paragraphs (a)-(c) of thisSub-Clause ITC 1.9.

(c)(d)(e) Eligibility 1.10 Consultants (including their associates, if any), their

Sub-Consultants and Personnel, shall satisfy the eligibilitycriteria set forth below, as applicable.

Ineligibility andDebarment

1.10.1 Consultants (including their associates, if any), theirPersonnel and Sub-Consultants shall not be any person orentity under a declaration of ineligibility for Fraud andCorruption in accordance with Sub-Clause ITC 1.8, or that

have been declared ineligible for participation in aprocurement in accordance with the procedures set out inthe MCC Program Procurement Guidance paper entitledExcluded Parties Verification Procedures in MCA EntityProgram Procurements that can be found on MCCswebsite at http://www.mcc.gov. This would also removefrom eligibility for participation in a procurement any firmthat is organized in or has its principal place of business ora significant portion of its operations in any country that issubject to sanction or restriction by law or policy of theUnited States. As of the date of this RFP, those countries

are Cuba, Iran, Sudan and Syria. However, the countriessubject to these sanctions and restrictions are subject tochange from time to time and it is necessary to refer to theweb sites identified in the guidance paper referenced abovefor the most current listing of sanctioned and restrictedcountries.

Consultants (including their associates, if any), theirPersonnel and Sub-Consultants not otherwise madeineligible for a reason described in the immediatelypreceding paragraph shall be excluded if:

(a) as a matter of law or official regulation, theGovernment prohibits commercial relations with thecountry of such Consultant, associates, Personnel orSub-Consultants;

(b) by an act of compliance with a decision of the UnitedNations Security Council taken under Chapter VII ofUnited Nations Charter, the Government prohibitsany import of goods from the country of such


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Consultant, associates, Personnel or Sub-Consultantsor any payments to persons or entities in suchcountry; or

(c) such Consultant, associates, Personnel orSub-Consultants are otherwise deemed ineligible byMCC pursuant to any policy or guidance that may,from time to time, be in effect as posted on the MCCwebsite at http://www.mcc.gov.

Qualification andEligibility ofConsultants

1.10.2 Consultants must satisfy the legal, financial and litigationcriteria requirements stated in Para 3.1, Para 3.2, and Para3.3 of Section 3 of this RFP.

1.10.3 Consultants must also satisfy the eligibility criteria set forthin this RFP and as contained in the MCC Program

Procurement Guidelines governing MCC-fundedprocurements under the Compact.

Eligibility ofAssociates

1.10.4 In the case where a Consultant intends to associate withanother Consultant and/or individual expert(s), then suchassociates shall also be subject to the eligibility criteria setforth in this RFP and as contained in the MCC ProgramProcurement Guidelines governing MCC-fundedprocurements under the Compact.

Eligibility of

Governmentowned Entities

1.10.5 Government-Owned Enterprises (GOEs) are not eligible to

compete for MCC-funded contracts. GOEs (i) may not beparty to any MCC-funded contract for goods, works, orservices procured through an open solicitation process,limited bidding, direct contracting, or sole source selection;and (ii) may not be pre-qualified or shortlisted for anyMCC-funded contract anticipated to be procured throughthese means. This prohibition does not apply toGovernment-owned Force Account units owned by theGovernment of the Republic of the Philippines, orGovernment-owned educational institutions and researchcentres, any statistical, mapping or other technical entities

not formed primarily for a commercial or business purpose,or where a waiver is granted by MCC in accordance withPart 7 of MCCs Program Procurement Guidelines. AllConsultants must certify their status as a part of theirsubmission in Form TECH-1 of Section 4A.

Commissionsand Gratuities

1.11 A Consultant shall furnish information on commissions andgratuities, if any, paid or to be paid to agents relating to this


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RFP or its Proposal and during execution of the assignment ifthe Consultant is awarded the Contract, as requested in theFinancial Proposal Submission Form (Section 4B).

(g) Origin of Goods andConsulting Services 1.12 Goods supplied and consulting services provided under theContract may originate from any country subject to the samerestrictions specified for Consultants (including theirassociates, if any), their Personnel and Sub-Consultants setforth in Sub-Clause ITC 1.10.

(h) Only oneProposal

1.13 Consultants may only submit one Proposal. If a Consultantsubmits or participates in more than one Proposal, all suchProposals shall be disqualified. However, this does notlimit the participation of the same Sub-Consultant, includingindividual experts, to more than one Proposal.

(i) ProposalValidity

1.14 The PDS indicates how long Consultants Proposals mustremain valid after the submission date. During this period,Consultants shall maintain the availability of KeyProfessional Personnel nominated in the Proposal. TheMCA Entity will make its best effort to completenegotiations within this period. Should the need arise,however, the MCA Entity may request Consultants to extendthe validity period of their Proposals. Consultants whoagree to such extension shall confirm that they maintain theavailability of the Key Professional Personnel nominated inthe Proposal, or in their confirmation of extension of validityof the Proposal, Consultants could submit new KeyProfessional Personnel in replacement, which would beconsidered in the final evaluation for Contract award.Consultants who do not agree have the right to refuse toextend the validity of their Proposals.

(j) Source of Funds;Compact Termsand Conditions

1.15 MCC and the Government have entered into the Compact tohelp facilitate poverty reduction through economic growth inRepublic of the Philippines. The Government, acting throughthe MCA Entity, intends to apply a portion of the proceeds ofMCC Funding to eligible payments under the Contract.

Payments under the Contractwill be subject, in all respects,to the terms and conditions of the Compact and relateddocuments, including restrictions on the use of MCCFunding and conditions to disbursements. No party otherthan the Government and the MCA Entity shall derive anyrights from the Compact or have any claim to the proceeds ofMCC Funding. The Compact and its related documents areavailable on MCCs website at http://www.mcc.gov or at the


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website of the MCA Entity http://www.mcap.ph

2. Clarification andAmendment of RFPDocument

2.1 Consultants may request a clarification of the RFPdocuments up to the number of days indicated in the PDSbefore the Proposal submission date. Any request forclarification must be sent in writing or by email or fax to theMCA Entity at the address indicated in the PDS. The MCAEntity will respond in writing or by email or fax and willsend written copies of the response (including an explanationof the query, but without identifying the source of inquiry) toall Consultants by the date specified in the PDS.

2.2 Should the MCA Entity deem it necessary to amend the RFPas a result of a clarification, it shall do so following theprocedure under Sub-Clause ITC 2.4.

2.3 At any time prior to the deadline for submission of Proposals,the MCA Entity may, for any reason and at its solediscretion, amend the RFP by issuing an amendmentfollowing the procedure under Sub-Clause ITC 2.4.

2.4 Any amendment issued under Sub-Clauses ITC 2.2 or ITC2.3 above shall (a) become a part of the RFP and (b) becommunicated in writing to all shortlisted Consultants orConsultants who have registered or obtained the RFP directly

from the MCA Entity, as the case may be.

2.5 To give prospective Consultants reasonable time in which totake an amendment into account in preparing their Proposals,the MCA Entity may, at its discretion, extend the deadline forthe submission of Proposals.

3. Preparationof Proposals

3.1 The Proposal, as well as all related correspondenceexchanged by the Consultants and the MCA Entity, shall bewritten in the English and/or local language, as specified inthe PDS. If proposals are to be submitted in both English

and/or local language, the English version shall govern.

3.2 In preparing their Proposal, Consultants are expected toexamine in detail the documents comprising the RFP.Material deficiencies in providing the information requestedmay result in rejection of a Proposal.

3.3 While preparing the Technical Proposal, Consultants must


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give particular attention to the following:

(a) In the case where there has been no shortlisting ofConsultants, if a Consultant considers that it mayenhance its expertise for the assignment, it mayassociate with another Consultant. In case of a jointventure, all partners shall be jointly and severally liableand shall indicate who will act as the leader of the jointventure.

In the case where there has been shortlisting ofConsultants, if a shortlisted Consultant considers that itmay enhance its expertise for the assignment byassociating with other Consultants in a joint venture orSub-consultancy, it may associate with either (i)non-shortlisted Consultant(s), or (ii) shortlisted

Consultant(s) if so indicated in the PDS. A shortlistedConsultant must first obtain the approval of the MCAEntity if it wishes to enter into a joint venture withnon-shortlisted or shortlisted Consultant(s). In case ofassociation with non-shortlisted Consultant(s), theshortlisted Consultant shall act as association leader.In case of a joint venture, all partners shall be jointlyand severally liable and shall indicate who will act asthe leader of the joint venture.

(b) The estimated number of person-months for KeyProfessional Personnel envisaged to execute the

assignment may be shown in the PDS. However, theevaluation of the Proposal shall be based on thenumber of person-months estimated by the Consultant.

For fixed-budget-based assignments, the availablebudget is given in the PDS, and the Financial Proposalshall not exceed this budget, while the estimatednumber of Professional staff-months shall not bedisclosed.

(c) Alternative Key Professional Personnel shall not beproposed, and only one curriculum vitae (CV) may be

submitted for each position indicated in the TOR.

(k) Technical ProposalFormat and Content

3.4 Consultants are required to submit a technical proposal,which shall provide the information indicated in thefollowing paragraphs (a) through (g) using the standardforms provided in Section 4A (the Technical Proposal).A page is considered to be one printed side of A4 or USletter-size paper.


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(a) Information on the Consultants financial capacity isrequired (Form TECH-2 of Section 4A). A briefdescription of the Consultants organization and anoutline of recent experience of the Consultant and of

each associate, if any, on assignments of a similarnature is required (Form TECH-3 and Form TECH-4of Section 4A). For each assignment, the outlineshould indicate the names of associates or KeyProfessional Personnel who participated, duration ofthe assignment, contract amount, and Consultantsinvolvement. Information should be provided onlyfor those assignments for which the Consultant waslegally contracted as a corporation or as one of themajor firms within a joint venture. Assignmentscompleted by individual professional staff working

privately or through other consultants cannot beclaimed as the experience of the Consultant, or that ofan associate, but can be claimed by the professionalstaff themselves in their CVs. Consultants should beprepared to substantiate the claimed experience if sorequested by the MCA Entity. References of theConsultant are also required (Form TECH-5 of Section4A).

(b) Comments and suggestions on the Terms of Referenceincluding workable suggestions that could improve thequality/ effectiveness of the assignment; and on

requirements for counterpart staff and facilitiesincluding: administrative support, office space, localtransportation, equipment, data, etc. to be provided bythe MCA Entity (Form TECH-7 of Section 4A).

(c) A description of the approach, methodology and workplan for performing the assignment covering thefollowing subjects: technical approach andmethodology, work plan, and organization and staffingschedule. Guidance on the content of this section of theTechnical Proposal is provided (Form TECH-6 of

Section 4A). The work plan should be consistent withthe Work and Deliverables Schedule (Form TECH-10of Section 4A) which will show in the form of a barchart the timing proposed for each activity.

(d) The list of the proposed Key Professional Personnel byarea of expertise, the position that would be assigned toeach person, and their tasks (Form TECH-8 of Section


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4A).

(e) Estimates of the staff input (person-months of foreignand local professionals) needed to carry out theassignment (Form TECH-9 of Section 4A). Theperson-months input should be indicated separately forhome office and field activities, and for foreign andlocal professional staff.

(f) CVs of the Key Professional Personnel signed by thestaff themselves and/or by the authorizedrepresentative (Form TECH-11 of Section 4A).

(g) A detailed description of the proposed methodologyand staffing for training, if the PDS specifies trainingas a specific component of the assignment.

3.5 The Technical Proposal shall not include any financialinformation other than the required information in FormTECH-2. A Technical Proposal containing financialinformation will constitute grounds for declaring theProposal non-responsive.

(l) FinancialProposal

3.6 The Consultants financial proposal shall be prepared usingthe forms provided in Section 4B (the Financial Proposal).It shall list all prices associated with the assignment,including remuneration for Personnel (foreign and local, inthe field and at the Consultants home office) and travel

expenses, if indicated in the PDS. All activities and itemsdescribed in the Technical Proposal shall be assumed to beincluded in the price offered in the Financial Proposal.

(m)Taxes 3.7 Except as may be exempt pursuant to the Compact, aConsultant (including its associates, if any), Sub-Consultants,and their respective Personnel shall be subject to certainTaxes (as defined in the Compact) under applicable law (nowor hereafter in effect). The Consultant, (including itsassociates, if any), Sub-Consultants and their respectivePersonnel shall pay all such Taxes. In the event that any

Taxes are imposed on the Consultant, its associates,Sub-Consultants, or their respective Personnel, the Contractprice shall not be adjusted to account for such Taxes. TheMCA Entity shall have no obligation to pay or compensatethe Consultant, its associates, Sub-Consultants, or theirrespective Personnel for any Taxes.

(n) Currencies 3.8 Consultants must submit their Financial Proposals in the


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currency or currencies specified in the PDS.

3.9 Commissions and gratuities, if any, paid or to be paid by theConsultants and related to the assignment should be listed in

the Financial Proposal Submission Form FIN-1 of Section4B.

4. Submission,Receipt, andOpening ofProposals

4.1 The following applies to the ORIGINAL of the TechnicalProposal, and of the Financial Proposal. The ORIGINALshall contain no interlineations or overwriting, except asnecessary to correct errors made by the Consultantsthemselves. The person signing the Proposal must initialsuch corrections, as well as initial each page of the relevantORIGINAL. The submission letters for the TechnicalProposal and for the Financial Proposal should respectively

be in the format shown in Form TECH-1 and Form FIN-1.

4.2 If required in the PDS, the authorized representative of theConsultant signing the ORIGINALSof the Technical and ofthe Financial Proposal shall provide within the TechnicalProposal an authorization in the form of a written power ofattorney demonstrating that the person signing has been dulyauthorized to sign the ORIGINALS on behalf of theConsultant, and its associates. The signed TechnicalProposals and the signed Financial Proposals shall be clearlymarked ORIGINAL.

4.3 Copies of the Technical Proposal and the Financial Proposalshall be made, in the number stated in the PDS, and eachshall be clearly marked COPY. It is preferred that allcopies required should be made by photocopying theORIGINAL as appropriate. However, the Consultant shouldnote that if copies are made by any other means anddiscrepancies are found between the original and any of thecopies of the relevant documents, then the ORIGINAL shallgovern.

4.4 The ORIGINAL and each COPY of the Technical Proposal

shall be placed in a sealed envelope/parcel clearly markedTECHNICAL PROPOSAL. Similarly, the ORIGINAL andeach COPY of the Financial Proposal shall be placed in aseparate sealed envelope/parcel clearly marked FINANCIALPROPOSAL.

Each envelope/parcel shall bear the name and address of theMCA Entity as stated in the PDS, the name and address of


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the Consultant (in case they have to be returned unopened,and the name of the assignment as stated in the PDS forSub-Clause ITC 1.3.

In addition, the envelope/parcel containing the original andcopies of the Financial Proposal shall be marked with awarning DO NOT OPEN WITH THE TECHNICAL PROPOSAL.If the Financial Proposal is not submitted in a separate sealedenvelope/parcel duly marked as indicated above, this willconstitute grounds for declaring the Proposal non-responsive.

The two envelopes/parcels containing the Technical Proposaland the Financial Proposal shall then be placed into one outerenvelope or carton (as appropriate) and securely sealed toprevent premature opening. This outer envelope/carton

shall bear the submission address, name and address of theConsultant, name of the assignment reference number, andbe clearly marked DO NOT OPEN,EXCEPT IN PRESENCE OFTHE OFFICIAL APPOINTED, BEFORE [SUBMISSION TIME ANDDATE] as indicated in the PDS for Sub-Clause ITC 4.5.The MCA Entity shall not be responsible for misplacement,losing or premature opening if the outer envelope/carton isnot sealed and/or marked as stipulated. This circumstancemay be cause for Proposal rejection.

4.5 Proposals must be received by the MCA Entity at the address

and no later than the time and on the date specified in thePDS, or any extension of this date in accordance withSub-Clause ITC 2.5. Any Proposal received by the MCAEntity after the deadline for submission shall be declared late,rejected and returned unopened to the Consultant.

4.6 The MCA Entity shall open the outer envelopes/cartons assoon as possible after the deadline for submission and sortthe Proposals into Technical Proposals or Financial Proposalsas appropriate. The Technical Proposals will be opened asspecified in the PDS. The envelopes with the TechnicalProposals shall remain sealed until the TEP is ready to

convene. The MCA Entity shall ensure that the FinancialProposals remain sealed and securely stored until such timeas the public opening of Financial Proposals takes place.

5. ProposalEvaluation

5.1 From the time Proposals are opened to the time the Contractis awarded, Consultants may not contact the MCA Entity onany matter related to its Technical Proposal or FinancialProposal. Any effort by a Consultant to influence the MCA


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Entity in the examination, evaluation, ranking of Proposals,and recommendation for award of Contract may result in therejection of the Consultants Proposal.

(o) Evaluation ofTechnicalProposals

5.2 The TEP shall evaluate the Technical Proposals on the basisof their responsiveness to the Terms of Reference, applyingthe evaluation criteria, sub-criteria, and point systemspecified in Para 3.4 of Section 3. Each responsiveProposal will be given a technical score (St). A Proposalshall be rejected at this stage if it does not respond toimportant aspects of the RFP, and particularly the Terms ofReference or if it fails to achieve the minimum technicalscore indicated in the PDS.

(p) FinancialProposals(only for QBS)

5.3 Following the ranking of Technical Proposals, and after

receiving a no objection from MCC (if applicable), whenselection is based on quality only (QBS), the first rankedConsultant will be invited to negotiate its Proposal and theContract in accordance with the instructions given underSub-Clause ITC 6.1.

(q) Financial Proposals(only for QCBS,FBS, LCS)

5.4 Following completion of the evaluation of TechnicalProposals, and after receiving a no objection from MCC (ifapplicable), the MCA Entity shall notify all Consultants whohave submitted Proposals of (a) those Proposals which wereconsidered non-responsive, (b) the technical scores of thoseProposals which were deemed responsive and (c) to thosewho achieved the minimum qualifying mark, the date, timeand location for the opening of the Financial Proposals.

The notification shall also advise those Consultants whoseTechnical Proposals did not meet the minimum qualifyingmark, or which were considered non-responsive, that theirFinancial Proposals will be returned unopened after theMCA Entity has completed the selection process.

5.5 Financial Proposals shall be opened publicly in the presenceof those Consultants representatives who choose to attend at

the date, time and location stated in the notice issuedpursuant to Sub-Clause ITC 5.4. All Financial Proposalswill first be inspected to confirm that they have remainedsealed and unopened. Only the Financial Proposals of thoseConsultants who met the minimum qualifying markfollowing the Technical Evaluation stage will be opened.The Technical Score (St) and only the Total Proposal Price,as stated in the Financial Proposal Submission Form FIN-1


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shall be read out aloud and recorded. A copy of the recordshall subsequently be sent to those Consultants whoseFinancial Proposals were opened and to MCC.

5.6 The TEP will correct any computational errors, and in casesof a discrepancy between a partial amount and the totalamount, or between words and figures the former willprevail. In addition to the above corrections, activities anditems described in the Technical Proposal but not priced,shall be assumed to be included in the prices of otheractivities or items. In cases where an activity or line item isquantified differently in the Financial Proposal from theTechnical Proposal, no corrections will be applied to theFinancial Proposal in this respect. If Consultants are notrequired to submit financial proposals in a single currency,

prices shall be converted to a single currency for evaluationpurposes using the selling rates of exchange, source and dateindicated in the PDS.

5.7 For Quality and Cost Based Selection (QCBS), the lowestevaluated Financial Proposal (Fm) will be given themaximum financial score (Sf) of 100 points. The financialscores (Sf) of the other Financial Proposals will be computedas indicated in Para 3.4 of Section 3. Proposals will beranked according to their combined technical (St) andfinancial (Sf) scores using the weights (T = the weight given

to the Technical Proposal; P = the weight given to theFinancial Proposal; T + P = 1) indicated in Para 3.4 ofSection 3: S = St x T% + Sf x P%. The Consultantachieving the highest combined technical and financial scorewill be invited for negotiations.

5.8 In the case of Fixed-Budget Selection (FBS), the Client willselect the firm that submitted the highest ranked TechnicalProposal within the budget. Proposals that exceed theindicated budget will be rejected. In the case of theLeast-Cost Selection (LCS), the MCA Entity will select thelowest priced proposal among those that passed the minimum

technical score. In both cases, the evaluated proposal priceaccording to Sub-Clause ITC 5.6 shall be considered, and theselected firm invited for negotiations.

5.9 Prior to execution of a contract, the MCA Entity shall reservethe right to conduct a verification of themarket-reasonableness of the prices offered. A negativedetermination (either unreasonably high or unreasonably


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low) could be a reason for rejection of the Proposal at thediscretion of the MCA Entity. The Consultant shall not bepermitted to revise its submission after a determination thatits offered price is unreasonable. In addition, the MCA

Entity may also verify any information provided on FormTECH-5 in the Proposal. A negative determination in thepost-qualification could lead to the rejection of the Proposaland the MCA Entity may, at its discretion, move to invite thenext-ranked Consultant for negotiation.

6. Negotiations 6.1 Negotiations will be held at the address indicated in the PDS.The invited Consultant will, as a pre-requisite for attendanceat the negotiations, confirm the availability of all the KeyProfessional Personnel listed in the Technical Proposal.Failure to confirm such Personnel may result in the MCA

Entity proceeding to negotiate with the next-rankedConsultant. Representatives conducting the negotiations onbehalf of Consultant must have written authority to negotiateand conclude the Contract on behalf of the Consultant.

(r) TechnicalNegotiations

6.2 Negotiations will commence with a discussion of theTechnical Proposal, including (a) proposed technicalapproach and methodology, (b) work plan, (c) organizationand staffing, and (d) any suggestions made by the Consultantto improve the Terms of Reference.

The MCA Entity and the Consultant will then finalize the

Terms of Reference, staffing schedule, work schedule,logistics, and reporting. These documents will then beincorporated in the Contract under Description of Services.Special attention will be paid to clearly defining the inputsand facilities required from the MCA Entity to ensuresatisfactory implementation of the assignment.

The MCA Entity shall prepare minutes of negotiations whichwill be signed by the MCA Entity and the Consultant.

(s) FinancialNegotiations

6.3 It is the responsibility of the Consultant, before startingfinancial negotiations, to contact the local tax authorities to

determine the local Tax amount to be paid by the Consultantunder the Contract. In no event, shall the MCA Entity beresponsible for the payment or reimbursement of any Taxes.Unless there are exceptional reasons, the financialnegotiations will involve neither the remuneration rates forstaff nor other proposed unit rates.

(t) Availability of 6.4 Having selected the Consultant on the basis of, among other


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ProfessionalStaff/Experts

things, an evaluation of proposed Key ProfessionalPersonnel, the MCA Entity expects to negotiate a Contract onthe basis of those Personnel named in the Technical Proposal.Before Contract negotiations, the MCA Entity will require

assurances that the proposed Key Professional Personnel willbe actually available.

During Contract negotiations, MCA Entity will not considersubstitution of any Key Professional Personnel unless bothparties agree that undue delay in the selection process makessuch substitution unavoidable or for reasons such as death ormedical incapacity of one of the Personnel. If this is not thecase and if it is established that any Key ProfessionalPersonnel were offered in the Proposal without confirmingtheir availability, the Consultant may be disqualified. Anyproposed substitute shall have equivalent or better

qualifications and experience than the original candidate.

(u) Conclusion of theNegotiations

6.5 Negotiations will conclude with a review of the draftContract and Appendices, following which the MCA Entityand the Consultant will initial the agreed Contract. Ifnegotiations fail, the MCA Entity will invite the Consultantwhose Proposal received the second highest score tonegotiate a Contract.

7. Award ofContract

7.1 After the award of Contract, the MCA Entity shall publish onits website, at dgMarket and at UNDB online the results

identifying the procurement, the name of the winningConsultant and the price, duration, and summary scope of theContract. The same information shall be sent to allConsultants who have submitted Proposals. After Contractsignature, the MCA Entity shall return the unopenedFinancial Proposals to the unsuccessful Consultants.

7.2 The Consultant is expected to commence the assignment onthe date and at the location specified in the PDS.

8. Confidentiality 8.1 Information relating to evaluation of Proposals and

recommendations concerning awards shall not be disclosed tothe Consultants who submitted the Proposals or to otherpersons not officially concerned with the process, until thepublication of the award of Contract. The undue use by anyConsultant of confidential information related to the processmay result in the rejection of its Proposal and may subject theConsultant to the provisions of the Governments, the MCA


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Entitys and MCCs antifraud and corruption policies.

9. Bid ChallengeSystem

9.1 Any Consultant has the right to complaint and appeal, butmust do so in the manner and format set down in the bid

challenge system published on the MCA Entitys website

http://www.mcap.ph/index.php?view=bid_challenge_system

10.CompactConditionalities

10.1 Consultants are advised to examine and consider carefullythe provisions that are set forth in Appendix G to theContract, as these are a part of the Governments and theMCA Entitys obligations under the Compact and relatedagreements, which, under the terms of the Compact andrelated agreements, are required to be transferred onto anyConsultant (including any associate) or Sub-Consultant whopartakes in procurement or subsequent contracts in whichMCC funding is involved

10.2 The provisions set forth in said Appendix G apply bothduring the RFP procedures and throughout the performanceof the Contract.


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________________________________________________________________Section 2. Proposal Data Sheet 22

Section 2 PROPOSAL DATA SHEET

Introduction (ITC 1) 23

Clarification and Amendment of RFP Document (ITC 2) 23

Preparation of Proposals (ITC 3) 24

Submission, Receipt, and Opening of Proposals (ITC 4) 24

Proposal Evaluation (ITC 5) 26

Negotiations (ITC 6) 26

Award of Contract (ITC 7) 27

Note toConsultants:

This Section contains hyperlinks presented in blue font color and underlined.They allow you to refer to respective clause of Instructions to Consultants/ITC/ by clicking on the link,

for example: ITC-1.1 The name of the MCA Entity is:Millennium Challenge Account Philippines

This Section contains also hyperlinks presented in blue font color andunderlined. They allow you to navigate throughout this RFP by clicking onthe link.

for example: Data, materials and documents to be provided by the Client

are listed in para. VI ofSection 5.


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(b) Introduction (ITC 1)

ITC 1.1 The name of the MCA Entity is:

Millennium Challenge Account Philippines

The method of selection is:Quality- and Cost Based Selection (QCBS)

ITC 1.3 The name of the assignment is:Title: Development of Thematic Environmental ManagementSystem (TEMS) for Kalahi-CIDSS Projects

RFP No: 210100

ITC 1.4 A Pre-Proposal Meeting will be held at 14:00 Hours Manila timeon April 14th, 2011 at the following address:

5th Floor, IFG Conference,DOF Building, BSP Complex,Roxas Blvd,Manila, Philippines

Attendance is strongly advised for all prospective Consultants ortheir representatives but is not mandatory.

ITC 1.5 The MCA Entity will timely provide, at no cost to the Consultant,the inputs and facilities: NONE

ITC 1.14 Proposals must remain valid for ninety (90) days after the deadlinefor the submission of Proposals specified in PDS Sub-Clause ITC4.5.

(d) Clarification and Amendment of RFP Document (ITC 2)

ITC 2.1 Clarifications may be requested by e-mail not later than April 25th,2011, 09:00 Hours Manila time

The address for requesting clarifications is:

Millennium Challenge Account PhilippinesAttention: Rommel S. HerreraOIC, Bilateral Assistance Divisionc/o: Procurement AgentAttention: Mr. Manmohan RupraiProcurement Agent Manager


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7/F EDPC Building, Department of FinanceBSP Complex, Roxas Boulevard, ManilaPhilippines 1004Email: [email protected] or

[email protected]: Rommel S. Herrera: [email protected] [email protected]

The responses shall be issued to all Consultants not later than May6th, 2011. Additionally, the Clarifications document will be postedat the MCA Entity website http://www.mcap.ph on the date beforementioned.

(f) Preparation of Proposals (ITC 3)

ITC 3.1 Technical and Financial Proposals shall be submitted in: Englishlanguage.

ITC 3.3(b) The estimated total number of person-months for Key ProfessionalPersonnel required for the assignment is about 30 man-months.

Given the nature of assignment and since the contract will be fixedprice, the exact number of staff-months must be specified in theProposal depending on the Consultants approach and methodology.

ITC 3.4(g) Training is a specific component of this assignment as described inSection 6, TOR.

ITC 3.6 Per diem, in-country travel, international travel expenses and anyother costs as applicable shall be included in the total priceproposed by the Consultant in Form FIN-2.

ITC 3.8 Financial Proposals shall be submitted in US Dollars or PhilippinePeso at the discretion of the Consultant. No other currency isallowed.

(h) Submission, Receipt, and Opening of Proposals (ITC 4)

ITC 4.2 Written Power of Attorney is required:Yes [X] No [ ]

ITC 4.3 The Consultant must submit:

Technical Proposal: one (1) original and three (3) printed copies

Financial Proposal: one (1) original and three (3) printed copies


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In addition, the Consultants must submit:

Technical Proposal: one (1) soft copy on a CD, enclosed with theTechnical Proposal in the same envelop.

If there is a conflict between the electronic version provided onthe CD and the printed copies, the printed copies shall govern.The soft copy of the Technical Proposal shall be placed in sealedenvelope/parcel clearly marked TECHNICAL PROPOSAL -CD.

Financial Proposal: one (1) soft copy on a CD, enclosed with theFinancial Proposal in the same envelope.

If there is a conflict between the electronic version provided onthe CD and the printed copies, the printed copies shall prevail.The soft copy of the Financial Proposal shall be placed in sealedenvelope/parcel clearly marked FINANCIAL PROPOSAL -CD.

*All soft copies must be in an electronic format readable withMicrosoft Office software package or PDF reader.

ITC 4.4 The address for the submission of Proposals is:

Millennium Challenge Account PhilippinesAttention: Rommel S. HerreraOIC, Bilateral Assistance Divisionc/o: Procurement AgentAttention: Mr. Manmohan RupraiProcurement Agent Manager7/F EDPC Building, Department of Finance

BSP Complex, Roxas Boulevard, ManilaPhilippines 1004Tel: +632 496 3420 or +63 915 756 2403

ITC 4.5 Proposals must be submitted no later than May 31st, 13:00 HoursManila time in Philippines.

The address for the receipt of proposals is:

During business hours until May 30th, 2011 [one day beforedeadline]: at the IBTCI address given above, a time and datestamped receipt shall be provided as a proof of delivery. Please

instruct your representative to get this receipt.

Millennium Challenge Account PhilippinesAttention: Rommel S. Herrera

OIC, Bilateral Assistance Divisionc/o: Procurement Agent

Attention: Mr. Manmohan RupraiProcurement Agent Manager


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7/F EDPC Building, Department of FinanceBSP Complex, Roxas Boulevard, Manila

Philippines 1004Tel: +632 496 3420 or +63 915 756 2403

During the day of deadline of submission (May 31st, 2011 nonlater than 1300 hours local time in Manila, Philippines),proposals must be submitted at:

5th Floor, IFG, DOF Building, BSP Complex, Roxas Blvd,Manila, Philippines

ITC 4.6 Technical Proposals will be opened publicly. The opening shall takeplace May 31st, 14:00 Hours Manila time in Philippines at:

5th

Floor, IFG Conference,DOF Building, BSP Complex,Roxas Blvd,Manila, Philippines

(k) Proposal Evaluation (ITC 5)

ITC 5.2 The minimum technical score St required to pass is:Seventy (70) points out of 100 possible points. If all proposals

fail to reach this minimum threshold, the MCA reserves the rightat its sole discretion to invite the highest scoring firm andnegotiate both its technical and financial proposals.

ITC 5.6 For evaluation purposes, the single currency for price conversionsis: US Dollars

For evaluation purposes, the source of official selling rates is:Bangko Sentral ng Pilipinas (Central Bank of the Philippines)

http://www.bsp.gov.ph

For evaluation purposes the date of the exchange rate is:May 18

th,2011

(m) Negotiations (ITC 6)


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________________________________________________________________Section 3. Qualification and Evaluation Criteria 28

Section 3 QUALIFICATION AND EVALUATION CRITERIA

3.1. Legal Status 29

3.2. Financial Criteria 29

3.3. Litigation Criteria 29

3.4. Evaluation Criteria 29


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3.1 LegalStatus

The Consultant shall attach to Form TECH-1 a copy of its letter ofincorporation, or other such document, indicating its legal status,as well as any other document showing that it intends to associate,or it has associated with, the other associates who are submitting a

joint proposal. In case the Consultant is a joint venture, letters ofincorporation, or other such documents, shall be attached for allassociates of the joint venture.

3.2 FinancialCriteria

The Consultant shall provide evidence showing that its liquidassets and access to credit facilities are adequate for this Contract,as indicated in Form TECH-2.

3.3 LitigationCriteria

The Consultant shall provide accurate information on any currentor past litigation or arbitration resulting from contracts completed,terminated, or under execution by the Consultant over the last five

(5) years, as indicated in Form TECH-2. A consistent history ofawards against the Consultant or existence of high value dispute,which may threaten the financial standing of the Consultant, maylead to the rejection of the Proposal.

3.4 EvaluationCriteria

Criteria, sub-criteria, and point system for the evaluation ofTechnical Proposals (refer to Sub-Clause ITC 5.2).

Criteria, sub-criteria, and point system for the evaluation of Technical Proposals.

ITC 5.2 Criteria, sub-criteria Points

Criteria A. Experience, Past Performance and Capability

In this category, the evidence of organizational capability and relevantexperience in the execution of projects, programs and tasks of a similarnature, including the nature and value of the relevant contracts completed or inprocess provided in Form TECH-4,Experience of the Consultant, will be assessed.MCA-Philippines reserves the right to contact the Form Tech-5 References as well

as other sources to check references and past performance.

35

Sub-Criteria

A1

Relevant experience of the proposed team includes experience in: (1)environmental impact assessment of international development projects;(2) integrating environmental and social safeguards intocommunity-driven development projects; (3) donor environmental and

20


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social requirements (e.g., World Bank safeguards policy); (4)developing capacity building programs in environmentally and sociallysustainable construction techniques; and (5) experience in Asia,preferably the Philippines.

A2

The Consultant will demonstrate successful past performance as theprime consultant in developing and implementing 3 environmentalimpact assessments with a community-based development componentof similar scope, size and complexity during the last 5 years in Asia.

10

A3

The consultant will demonstrate successful past performance as theprime consultant in developing and implementing 2 training programsfor professional staff in the government, civil society or private sectorsrelated to environmental impact assessment, environmental and socialsafeguards, or natural resource management during the last 5 years in

Asia.

5

Criteria B. Approach, Methodology and Work Plan

The technical approach of the Consultant will be assessed within this category:Quality of the proposed approach to perform the services and produce all ofthe deliverables on time as required in the Terms of Reference of this RFP.

25

Sub-Criteria

B1Provides a detailed methodology as to how the Consultant will approachand execute all four tasks outlined in the Terms of Reference section.

5

B2Demonstrates a clear understanding of the relevant laws, policies,guidelines, manuals, and other systems that may apply to MCC, WorldBank, and Government of Philippines-funding of the KC project.

5

B4

Describes how the Consultant will help to ensure that environmentally

and socially sustainable construction methods and strategies will be

integrated into the KC project, including examples of such methods.

5

B5

Describes how the Consultant will develop technical manuals, fieldguides, checklists, and community-based indicators that will effectivelyincorporate the input of relevant stakeholders and users, includingtechnical staff, community organizers and community members.

5

B6Proposes a practical and effective strategy for ensuring the TEMS andtraining program will be sustainable beyond the life of this contract.

5


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Criteria C. Key Professional Personnel and Other Staff

Proposed team qualification, resources, experience and past performance will beassessed here, based on the extent to which Key Professional Personnel meet

and exceed requirements of the Terms of Reference and extent to which thequalifications of the Key Professional Personnel satisfy the job descriptiondefined in the methodology and reflect an understanding of the servicesrequired. For all positions, experience in Asia, Southeast Asian countries and/orthe Philippines is preferred.

40

Sub-Criteria

C1

Project Manager: The Project Manager will have about 20 years ofdemonstrated post-graduate experience in the field of environmentalimpact assessment, community-based development projects,

international development, environmental and social safeguards, donorrequirements, natural resource management, and/or environmentallysustainable construction, preferably in Asia or the Philippines, as wellas demonstrated experience in managing teams of consultants.

Interview can be conducted through video conferencing and/ortelephones if need be.

10

(credentials

andprofessionalexperience)

10

(interview)

C2

Lead Trainer: The Lead Trainer will have about 10 years ofdemonstrated post-graduate experience in the field of non-formaleducation with specific experience in international development settingsin Asia, preferably the Philippines. The Lead Trainer should haveexperience in developing interactive training programs for deliveringtechnical material to an audience of technical and non-technicalprofessionals, including government officials, engineers, projectmanagers, and community organizers. The Lead Trainer should havepractical experience developing training manuals, workshop materials,presentation slides, and structuring training agendas.

10

C3

Senior Environmental Engineer: The Senior EnvironmentalEngineer will have about 15 years of post-graduate experience in thedesign and implementation of sustainable, community-basedinfrastructure, preferably in Asia or the Philippines. The SeniorEnvironmental Engineer should have practical experience in the use ofenvironmentally sustainable and appropriate construction methods and

10


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strategies, including one or more of the following areas: recycling andreuse of materials, environmentally sustainable procurement, innovativewater and sanitation techniques, environmentally sound site selectionand development.

Total Points for the three (3) Criteria 100

The minimum technical score St required to pass is 70 points

ITC 5.7The formula for determining the financial scores is the following:

Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowest

price and F the price of the Proposal under consideration.

The weights given to the Technical and Financial Proposals are:

T = 0.85 and F = 0.15


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________________________________________________________________Section 4A. Technical Proposal Forms 33

Section 4A TECHNICAL PROPOSALS FORMSForm TECH-1 TECHNICAL PROPOSAL SUBMISSION FORM 34

Form TECH-2 FINANCIAL CAPACITY OF THE CONSULTANT 44

Form TECH-3 ORGANIZATION OF THE CONSULTANT 46

Form TECH-4 EXPERIENCE OF THE CONSULTANT 47

Form TECH-5 REFERENCES OF THE CONSULTANT 49

Form TECH-6 DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLANFOR PERFORMING THE ASSIGNMENT 50

Form TECH-7 COMMENTS AND SUGGESTIONS 51

Form TECH-8 TEAM COMPOSITION AND TASK ASSIGNMENTS 52

Form TECH-9 STAFFING SCHEDULE 53

Form TECH-10 WORK AND DELIVERABLES SCHEDULE 55

Form TECH-11 CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONALPERSONNEL 58

Note toConsultants:

This Section provides standard forms shall be used for the preparation of theTechnical Proposal in accordance with the instructions provided in Section 1,Instructions to Consultants. The Consultant must use these forms (or forms

that present in the same sequence substantially the same information) andshould not introduce changes without the MCA Entitys prior writtenconsent. If the Consultant has a question regarding the meaning orappropriateness of the contents or format of the forms and/or the instructionscontained in them, these questions should be brought to the MCA Entitysattention as soon as possible during the proposal clarification process byaddressing them to the MCA Entity in writing pursuant to Sub-Clause ITC2.1 of Section I.

In preparing its Proposal, the Consultant must ensure all requestedinformation in the Technical Proposal Forms is provided and that the

EXPLANATORY TEXT AND INSTRUCTIONS IN BRACKETS to helpthe Consultant prepare the forms accurately and completely AREREMOVED.

If any of the forms included in this Section is missing in the submittedProposal, the Proposal may be rejected as non-responsive pursuant toSub-Clause ITC 3.2 of Section I.


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Form TECH-1 TECHNICAL PROPOSAL SUBMISSION FORM

[The Technical Proposal Submission Form shall be submitted with the Proposal pursuant toSub-Clauses ITC 1.3 and ITC 4.1.

The Consultant shall fill in this form in accordance with the instructions indicated. Noalterations to its format shall be permitted and no substitutions shall be accepted. The formshall be on the letterhead of Consultants firm/entity.

The original of the Technical Proposal Submission Form shall be signed by a person dulyauthorized to bind the Consultant to the Contract pursuant to Sub-Clause ITC 4.2. If theProposal is being submitted on behalf of a joint venture, the Technical Proposal SubmissionForm shall be signed so as to be legally binding on all Partners to the Contract pursuant to

Sub-Clause ITC 3.3(a) and the initial paragraph to the Contract Agreement furnished inSection 5 of this RFP.]


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[Letterhead of Consultants firm/entity]

TECHNICAL PROPOSAL SUBMISSION FORM

Date: [insert:date of Proposal submission]

[insert:full legal address of Consultant]

To: Ms / Mr. [insert:name]Procurement Director[insert:full legal name of MCA Entity specified in the initial paragraph to the

Contract Agreement furnished in Section 5 of this RFP][insert:full legal address of MCA Entity specified in SCC for Sub-Clause GCC1.6.1]

Dear Madam / Sir,

Title: Development of Thematic Environmental Management System(TEMS) for Kalahi-CIDSS Projects

RFP No: 210100

We, the undersigned, offer to provide the consulting services for the above mentionedassignment in accordance with your Request for Proposal (RFP) dated [insert:date] and ourProposal.

We are hereby submitting our Proposal, which includes this Technical Proposal, and aFinancial Proposal, each sealed in separate and clearly marked envelope/parcel.

We are submitting our Proposal in association with:

[insert:a list with full name and address of each Associated Consultant].1

We hereby declare that all the information and statements made in this Proposal aretrue and accept that any misinterpretation contained in it may lead to our disqualification.

1 [Delete in case no association is foreseen.]


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We are attaching herewith information to support our eligibility in accordance withSection 3 of the RFP.

If negotiations are held during the initial period of validity of the Proposal, weundertake to negotiate on the basis of the nominated Key Professional Personnel.

Our Proposal is binding upon us and subject to the modifications resulting fromContract negotiations, and we undertake, if our Proposal is accepted, to initiate the consultingservices related to the assignment not later than the date indicated in this RFP.

We understand you are not bound to accept any Proposal that you may receive.

Yours sincerely,

Authorized Signatory

[insert:name and title of Signatory][insert:full legal name of Consultant][insert:full legal address of Consultant][insert:full email address/es of Consultant]

Annexes:

1. Power of Attorney

2. Documents indicating legal status

3. Joint Venture or Association Agreements [if applicable]

4. Government-Owned Enterprise Certification Form [attached to this Form]


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Annex 1 POWER OF ATTORNEY

[The Power of Attorney shall be submitted with the Proposal pursuant to Sub-Clause ITC4.2.

The Consultant shall provide under this annex to the Technical Proposal Submission Form anauthorization in the form of a written power of attorney demonstrating that the person signinghas been duly authorized to sign the originals of the Technical Proposal and the FinancialProposal on behalf of his/her firm/entity and its associates.

In addition, pursuant to Sub-Clause ITC 3.3(a), a joint venture shall provide under this annexto the Technical Proposal Submission Form an authorization in the form of a written powerof attorney signed by legally authorized signatories of all the Partners demonstrating that the

person signing has been duly authorized to sign the originals of the Technical Proposal andthe Financial Proposal on behalf of the Partners constituting the Consultant.]


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Annex 2 DOCUMENTS INDICATING CONSULTANTS LEGAL STATUS

[The documents shall be submitted with the Proposal pursuant to Sub-Clause ITC 1.10 andPara 3.1 of Section 3.

As documentary evidence about the legal status and country of origin of its firm/entity theConsultant shall provide under this annex to the Technical Proposal Submission Form thefollowing:

(a) For international Consultants:

(i) copy of registration certificate of the firm/entity or extract of Charter/Bylaws;

(ii) copy of the Charter of the firm/entity.

(b) For local Consultants:

(i) copy of registration certificate of the firm/entity;

(ii) copy of the Charter of the firm/entity;

In addition, pursuant to Sub-Clause ITC 1.10.4, all parties constituting the Consultant(Partners in a joint venture and/or Sub-contractors) shall provide under this annex to theTechnical Proposal Submission Form the above listed documents.]


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Annex 4 GOVERNMENT-OWNED ENTERPRISE CERTIFICATION FORM

[The Certification Form shall be submitted with the Proposal pursuant to Sub-Clause ITC1.10.5. In addition, pursuant to Sub-Clause ITC 1.10.4, all parties constituting the Consultant(Partners in a joint venture and/or Sub-contractors) shall attach a Certification Form for theirentity to the Technical Proposal Submission Form.

Government-Owned Enterprises are not eligible to compete for MCC-funded contracts.Accordingly, GOEs (i) may not be party to any MCC-funded contract for goods, works, orservices procured through an open solicitation process, limited bidding, direct contracting, orsole source selection; and (ii) may not be pre-qualified or shortlisted for any MCC-fundedcontract anticipated to be procured through these means.

This prohibition does not apply to Government-owned Force Account units owned by theGovernment of the MCA Entitys country, or Government-owned educational institutionsand research centers, or any statistical, mapping or other technical entities not formedprimarily for a commercial or business purpose, or where a waiver is granted by MCC inaccordance with Part 7 of MCCs Program Procurement Guidelines. The full policy isavailable for your review on the Compact Procurement Guidelines page at the MCC Website(www.mcc.gov).

For purposes of this form, the term Government means one or more governments,including any agency, instrumentality, subdivision or other unit of government at any level ofjurisdiction (national or sub-national).

As part of the eligibility verification for this procurement, please fill in the form below toindicate the status of your entity.]


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1) Does a Government own a majority or controlling interest (whether by value orvoting interest) of your shares or other ownership interest (whether directly orindirectly and whether through fiduciaries, agents or other means)?

Yes No

2) If your answer to question 1 was yes, are you a Government-owned:

a. Force Account unit Yes No

b. Educational institution Yes No

c. Research center Yes No

d. Statistical entity Yes No

e. Mapping entity Yes No

f. Other technical entities not formed primarilyfor a commercial or business purpose Yes No

3) Regardless of how you answered question 1, please answer the following:

a. Do you receive any subsidy or payment (including any form ofsubsidized credit) or any other form of assistance (financial orotherwise) from a Government? Yes No If yes, describe:_________________________________________________________

b. Has a Government granted to you any special or exclusivelegal or economic rights or benefits that may alter thecompetitiveness of your goods, works or services or

otherwise influence your business decisions? Yes No If yes, describe:_________________________________________________________

c. Does a Government have the ability to direct or decide any of the followingwith respect to you:

i. any reorganization, merger, or dissolution of youor the formation or acquisition of any subsidiaryor other affiliate by you Yes No

ii. any sale, lease, mortgage, pledge, or other transferof any of your principal assets, whether tangibleor intangible and whether or not in the ordinarycourse of business Yes No

iii. the closing, relocation, or substantial alteration ofthe production, operational, or other material activitiesof your business Yes No

iv. your execution, termination, or non-fulfillment ofmaterial contracts Yes No


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v. the appointment or dismissal of your managers,directors, officers or senior personnelor otherwise participate in the management orcontrol of your business Yes No

4) Have you ever been Government-owned or controlled? Yes No

5) If your answer to question 4 was yes, please answer the following questions

a. How long were you Government-owned? _________________

b. When were you privatized? ________________________

c. Do you receive any subsidy or payment (including anyform of subsidized credit) or any other form of assistance

(financial or otherwise) from a Government ? Yes No If yes, describe:_________________________________________________________

d. Even though not majority or controlling, does a Governmentcontinue to hold any ownership interest or decision makingauthority in you or your affairs? Yes No If yes, describe:_________________________________________________________

e. Do you send any funds to a Government other than taxes

and fees in the ordinary course of your business inpercentages and amounts equivalent to othernon-Government-owned enterprises in your countrythat are engaged in the same sector or industry? Yes No If yes, describe:_________________________________________________________

Participants are advised that:

1. Prior to announcing the winning bidder or consultant or any list ofpre-qualified bidders or shortlisted consultants for this procurement, the MCA Entity will

verify the eligibility of such bidder(s) or consultant(s) with MCC. MCC will maintain adatabase (internally, through subscription services, or both) of known GOEs and eachwinning or pre-qualified bidder and winning or shortlisted consultant subject to this provisionwill be compared against the database and subject to such further due

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